The Bombay High Court has directed Mushtaq Nadiadwala, a Bollywood filmmaker, to send a private notice via courier to his estranged Pakistani wife as part of his plea seeking the return of their two minor children from Pakistan. Nadiadwala alleges that his wife took the children to Pakistan without his consent.
During the court proceedings, Advocate Kuldeep Patil, representing Interpol, informed the High Court that contact has been established with authorities in Islamabad. A report submitted by Interpol stated that the children are currently attending school and are content with their mother. It was also mentioned that the wife obtained a divorce from the filmmaker through court proceedings.
Nadiadwala's lawyer, Beni Chatterji, argued that the wife should allow the petitioner to communicate with his children until they are brought back to India. However, the bench noted that the report indicated the wife was granted access to the children, and it was the petitioner who had not been in contact. The bench stressed the importance of considering the best interests of the children, as they appeared to be happy in Pakistan.
Chatterji highlighted that the children are Indian citizens and emphasized the need for them to be reunited with their fathers. He mentioned that the filmmaker frequently contacts the children and sends them gifts on their birthdays. Chatterji also pointed out that the wife had not lodged any complaints against the filmmaker prior to leaving the country, and she had even applied for an Indian passport.
Advocate Ashish Chavan, representing the Ministry of External Affairs, informed the court that the department had sent seven communications to their Pakistani counterparts, but they had not received any reciprocal response. Chavan explained that, in accordance with the Vienna Convention, their actions were limited without reciprocity. He added that this was the seventh communication, all of which were identical in nature.
The filmmaker's wife, a Pakistani national, had been residing in India with him but left with their two children to visit her family in Pakistan during the COVID-19 lockdown and did not return. She reportedly approached a local court in Pakistan to be declared the legal guardian of the children.
Upon persuasion from the High Court, the filmmaker filed two petitions—one for custody of the children in Mumbai and another in the Lahore High Court through his lawyers. The court is scheduled to hear the filmmaker's plea on August 28th.
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